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Opinions - June 11, 2010

June 11, 2010
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Today’s Opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Larz A. Elliott v. Rush Memorial Hospital, et al.
70A01-0911-CV-553
Civil. Affirms dismissal of Larz Elliott’s proposed medical malpractice complaint against Rush Memorial Hospital, Carrie Tressler, and Dr. Philip Kingma. Elliott had alleged battery and negligence with respect to the forced catheterization to retrieve a urine sample after a Rush County sheriff’s deputy transported him to Rush Memorial Hospital and represented a court order at the hospital to retrieve a blood sample and a urine sample. Finds trial court erred in concluding that the defendants enjoy complete statutory immunity from any civil liability related to his claims of battery and negligence, but also finds Elliot’s claims fall outside the parameters of the Medical Malpractice Act because he was not a “patient” of the defendants, and that his catheterization clearly was not for his own medical benefit.

Sam's East Inc. City of Greenwood Board of Zoning Appeals v. United Energy Corporation Inc. d/b/a Greenwood Sunoco
41A04-0909-CV-545
Civil. Affirms trial court’s reversal of the decision of the City of Greenwood Board of Zoning Appeals to issue a variance to Sam’s East Inc. to have a gas station near a Sam’s Club location in Greenwood. Since receiving approval for the gas station in 2005, Sam’s Club had encountered an environmental issue that delayed building plans, and the permit had expired before Sam’s constructed the gas station. After the permit expired, Sunoco built a gas station on property adjacent to Sam’s property. Shortly after, an ordinance was adopted that changed whether gas stations could be built in the area where Sam’s had previously received permission.

Cedar Mill Homeowners Association Inc. v. Patrick J. Bocian (NFP)
32A05-1001-SC-85
Civil. Affirms small claims court’s denial of Cedar Mill’s request for attorney’s fees.

Gregor W. King and Delores P. King v. Hamilton Southeastern Utilities Inc. (NFP)
29A05-0909-CV-527
Civil. Affirms amount of damages entered after a jury trial for the valuation of the Kings’ land affected by the acquisition of a temporary and permanent easement by eminent domain.

K.T. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0912-EX-1266
Civil. Affirms decision of the Indiana Department of Workforce Development Unemployment Insurance Review Board affirming the decision of the administrative law judge to dismiss K.T.’s appeal as untimely.

J.S. v. J.M. and M.M. (NFP)
75A03-0911-CV-535
Civil. Affirms trial court’s order granting visitation with J.S. (mother)’s minor daughter C.G.M. to her paternal grandparents J.M. and M.M..

A.E. a/k/a A.S v. B.S. (NFP)
80A02-0909-CV-905
Civil. Reverses and remands trial court’s order emancipating A.E. (mother) and B.S. (father)’s 19-year-old son K.S. Also reverses and remands determination of arrearages on child support; and apportionment of partial arrearage to K.S.

Indiana Tax Court posted no opinions before IL deadline.

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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